Immigration in Limbo, H-1B Holders File Patents

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In this pandemic epoch of coronavirus, our H-1B workers respond to the national emergency. Around 3,310 biochemists and other scientists have worked together to develop a coronavirus vaccine through the H-1B program. 

Reflect and ponder. How can you imagine an America without them?

The proportion of H-1B workers to American companies has doubled its production rate due to workers’ ability to create new products and replace outdated ones. The product reallocation grows more revenue as a result.

However, the H-1B program is limited by immigration policies such as the H-1B visa lottery and the “Buy American, Hire American” policy. This cynical atmosphere of embracing diversity leads to difficulties in patenting an invention. HB-1 workers are leading the nation to promote mass scientific innovations. Yet, they have difficulties in filing patents caused by political and economic changes. 

Who are H-1B Visa Holders?

H1-B Visa Holders are immigrants who work in the United States under a “specialty occupation.” As provided by law, a person is required to have a minimum educational level of a bachelor’s degree or equivalent. 

H-1B employees can work for no more than six years. If an employee was contracted for less than six months or if an employee successfully obtained a Green Card, then the six-year limit does not apply.

Recent statistics show that H-1B workers occupy nearly two-thirds of STEM professions.

H-1B visa lottery has affected the status of immigrant workers

On March 31st, 2020 the American Immigration Lawyers Association (AILA) revealed that significant numbers of H-1B visa applications were denied due to a system glitch.

USCIS has not yet offered a remedy. It becomes clear that the H-1B lottery fails to provide an alternative system, affecting the livelihood of foreign applicants and beneficiaries.

President Trump’s “Buy America, Hire American” policy has added a burden to the status quo

The tightened policy ordered the Department of Homeland Security to issue H-1B visas to only the most-skilled or highest-paid workers. As a result, USCIS has increased H-1B visa denials and the number of Requests for Evidence to H-1B applicants.

Due to this immigrant policy shift, thousands of companies have lost their foreign employees.

Today, Indian Americans have experienced unfortunate situations due to their H-1B visa status – many have had their visas denied and are left unemployed.

H-1B workers are given a 60 days period to find another job. 

There is no guarantee that they can be hired in a fast and demanding environment. Unemployed H-1B workers have difficulty obtaining visas, making them an illegal resident in the U.S. As the government limits their potential economic contributions, the H-1B visa holders’ chances of patenting an invention become complex and bureaucratic.

Importance of a Patent Attorney

H1-B workers are leading the overall innovation in the American economy. 

Immigrant workers have contributed to designing machines, developing software applications, proposing business methods, and improving healthcare. 

The inventions of H-1B workers should be safeguarded in terms of its ownership, exclusive rights, and competitive advantage by hiring a patent attorney. 

For valuable reasons, hiring a patent attorney helps an H-1B worker in providing legal advice on how to get a patent, conducting a prior art search for marketability, and patentability of an invention, performing patent infringement, securing an economical patent cost, and litigating future cases in the proper court. 

J.D. Houvener, a San Francisco Patent Attorney, emphasizes the substantial need of hiring a patent attorney:

“In filing a patent application, always consider the professional guidance of a patent attorney. A patent attorney provides a clear understanding of a Patent Law and the complex process of a patent process. By hiring a patent attorney, you get things done right and give you the best benefit you need.”

Conclusion

The difficulties of filing patents as an H-1B visa holder, perhaps, are a call to amend these policies for the permanence and stability of our immigrant workers.

To make America successful, the government should uncap the number of H-1B visas and liberalize the security of getting green cards for immigrant workers. If the administration won’t make a move, great scientific innovations will be at stake.

As immigration policies might have tightened the rope of filing a patent, a patent attorney is always ready to lose the tension in the hopes of innovation and invention.

Rei Lantion is a graduate from Ateneo de Manila University and is an aspiring IP attorney. Professionally, she has a great deal of experience in writing, editing in patent law, working one-on-one with patent attorneys. When she’s not writing she loves playing D&D with her dog Oreo.

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